Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-04-02

gether with its Recommendation or what
PREPARATION, if any, should be made by the
common carrier TO any party or parties
who may be found to have been injured;
and such findings so made shall thereafter
in all judicial proceedings be deemed
primo facie evidence as to each and every
fact found
Reports of Investigations.
All reports OF investigation made by
the commission shall be entered of record,
and copy thereof shall be furnished TO
the party who may have complained and
to any common carrier that may have
been complained of.
Notification to Common Carrier of Viola
ton of Act.
Sec. 15 That if in any case in which an
investigation shall be made by said COM
mission it shall be made to appear to the
satisfaction of the commission, either by
the testimony of witnesses or other evil
dence, that anything has been done or
omitted to he done in violation of the pro-
visions of this act, or of any law cogniza-
BILE by said commission, by any common
carrier, or thai any injury or damage has
been sustained by the party or parties
complaining, or by other parties aggrieved
in consequence of any such violation, it
shall be the duty of the commission to
forthwith cause copy of its report in re-
spect thereto to be delivered to such COM
mon carrier, together with notice to said
common carrier to cease and desist from
such violation, or to make PREPARATION for
the injury so found to have been done, or
both, within a reasonable time, to be speci-
fled by the commission; and if, within the
time specified, it shall be made to appear
to the commission that such common car
rier has ceased from such violation of law,
and has made reparation for the injury
found to have been done. in compliance
with the report and notice of the commits
sion, or 10 the satisfaction of the party
complaining, a statement to that effect
shall be entered of record by the commits
sion, and the said common carrier shall
| thereupon be relieved from further habil-
| fly or penalty for such particular violation
| Of law.
| Petition to United States Conrts-Hear-
ing of Complaints Against Carriers.
Injunction.
Sec. 10. That whenever any common
carrier, as defined in and subject to the
| provisions of this act, shall violate or re
| fuse or neglected. obey any lawful order
| or requirement of the commission in this
act named, it shall be the duty of the
commission, and lawful for any company
or person interested in such order or re
quirement, TO apply, in a summary way,
| by petition, to the circuit court of the
| United States sitting in equity in the
| judicial district in which the common
carrier complained of has its principal
| office, or in which the violation or dis
obedience of such order or requirement
shall happen, alleging such violation or
disobedience, as the case may be; and the
said court shall have power to hear and
determine the matter on such short notice
to the common carrier complained of, as
the court shall deem reasonable; and such
notice may he served on such common
carrier, his or its officers, agents, or serv-
ants, in such manner as the court shall
| direct; and said court shall proceed to
hear and determine the matter speedily as
a court of equity, and without the formal
/ pleadings and proceedings applicable to
ordinary suits in equity, but in such man
ncr as TO do justice in the premises; and
| to this end such court shall have power. if
it think fit, to direct and prosecute. in
such mode and by such persons rs it may
appoint, all such inquiries as the court
may think nerdful to enable il to form
q Just judgment in the matter of such
petition; and on such hearing the report
of said commission shall be prima facie
evidence of the matters therein stated; and
If it I've made TO appear to such court, on
| such hearing or on report of any such
! person or persons, that the lawful order
or requirement of said commission drawn
in question has been violated or dis,lbeyed,
| it shall be lawful for such court 10 issue a
writ Of injunction or other proper process,
| mandatory or otherwise, to restrain such
common carrier from further continuing
i such violation or diSobedenCe of such
| order or requirement OF said commission,
and cnjoininc obedience to the same; and
in case of any disobedience of any such
writ of injunction or other proper process,
| mandatory or otherwise, it shall be law
full for such court to issue writs of attach
ment, or any other process of said court
incident or applicable to wits Of injunc-
ton or other proper process, mandatory or
otherwise, against such common carrier,
and if a corporation. against one or more
of the directors, officers or agents of the
tee, receiver or other person failing to
obey such writ of injunction or other
proper process, mandatory or otherwise;
and said court may, if it shall think fit,
make an order directing such common
carrier or other person So disobeying such
writ of injunction or other proper process,
mandatory or otherwise. TO pay such sun
of money not exceeding for each carrier OF
| Il
dollars for every day after a day to bt
named in the order that such carrier OF
other person shall fail to obey such in.
junction or other proper process, man
datory or otherwise; and such moneys
shall be payable as the court shall direct,
either to the party complaining or into
court to abide the ultimate decision of the
court, or into the treasury; and payment
thereof may, without prejudice to any
other mode of recovering the same, be en-
forced by attachment or order in the
nature of Il writ of execution, in like man
ner as if the same had been recovered by
a final decree in personam in such court
Appeal to Supreme Court.
When the subject in dispute shall be Of
the value Of two thousand dollars oil
more, either party to such proceeding be
E fore said court may appeal to the supreme
: court of the United States, under the
same regulations now provided by law il
respect of security for such appeal. but
such appeal shall not operate to stay OIL
supersede the order of the court or the
execution of any writ or process thereon
and such court may. in every such mat
ter, order the payment of such costs ant
counsel fees as shall be deemed reason
able. Whenever any such petition shall
be filed or presented by the commission il
shall be the duty of the district attorney
under the direction of the attorney gen
eral of the United States, to prosecute tn,
same; and the costs and expenses of sucl
prosecution shall be paid out of the ap
preparation for the expenses of tie courts
of the United States. For the purpose:
of this act, excepting its penal provisions
the circuit courts of the United State:
shall be deemed to be always in session.
Manner of Conducting Business.
) Sec. Il. That the commission may con
: duct its proceedings in such manner a!
will hest cnuiIlCa IN tina nronar disnatfl